State v. . Dixon
Supreme Court of North Carolina
INDICTMENT for forcible trespass and assault-, tried at Spring Term, 1874, of Wabben Superior Court, before his Honor, Judge Watts. On the trial below the defendants were found guilty, and some fined, others imprisoned. The case sent up states, “ From this judgment the said Warren Dixon,” and others — naming' them — “ pray and appeal to the Supreme Court, and it is allowed.” The said defendants take the oath of insolvents.
1Opinion of the CourtRodman, J.
It is necessary only to refer to the case of the State v. Dixon, 69 N. C. Rep. 390, to show that this appeal should be dismissed. Appeals in criminal action are not allowed unless the appellant gives bond with security to abide the judgment of the Appellate Court, (Rev. Code, chap. 4, sec. 21,) except where an appeal is allowed without bond either by the section cited from the Revised Code, or by the act of 1869-70, chap. 196. By each of these statutes the appeal must be perfected during the term of the Court. If not so perfected it is a nullity and cannot vacate or suspend the judgment of…
2Cases cited1 opinion
- State v. . Divine and AnotherSupreme Court of North Carolina · 1873
3Cited by3 opinions
- State v. . BennettSupreme Court of North Carolina · 1885
- State v. . GatewoodSupreme Court of North Carolina · 1899
- State v. . GaylordSupreme Court of North Carolina · 1881